i£x  ICtbrifi 

SEYMOUR  DURST 

"t '  'Tort  nteuu/  ,yiTn^ertla--nu  oj^  Je  JAanhatarus  — 

FORT   NEW  A2ASTERDA>i  .l^lBaKl       (NEW  YORK  )  ,  1651. 

IVhen  you  leave,  please  leave  this  hook 

Because  it  has  heen  said 
"Ever'thing  comes  t'  him  who  waits 

£7(cept  a  loaned  book." 

Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 

1 

Digitized  by 

the  Internet  Archive 

in  2013 

http://archive.org/details/messagefromgoverOOnewy_0 


THE 


MESSAGi: 

FROM  THE 
TO  THE 

Leg'is\aU\ve  oS  vV\e  Slate  of  3S^ew-\ovk^ 

ON  THE  OPENING  OF  THE  SESSION 
JANUARY  2,  1827. 


ALBAJ\'Y: 

t'RINTED  nv  .fOHN  B.   VAN  STEENBFRCIT 


1*^2'? 


Ftlloxi: -Citizens  of  llic  Soiatc 

and  of  tlie  Assen>lly  : 

A  review  of  the  last  year  must  excite  the  deepest  emotions  ol 
gratitude  to  the  Ahnighty  Dispenser  of  all  good,  for  the  signal 
blessings  couicred  on  this  community,  in  every  direction  we  per- 
ceive the  foolstcpsof  growing  improvement  and  progressive  pros- 
perity. In  the  erection  of  new  and  the  augmentation  of  old  villa- 
ges, towns  and  cities,  we  recognize  the  animating  spirit  of  easy 
communicntion  and  the  wide  spreading  advantages  of  internal  trade. 
This  increase  of  our  markets  will  necessarily  create  a  dispensation 
and  interchange  of  benefits,  that  must  be  felt  in  every  operation 
of  labor  and  in  every  de[>artment  of  industry.  The  commercial 
gloom,  which  was  some  months  since  spread  over  the  civilized 
world,  has,  in  a  great  measure,  disappeared  ;  and  it  is  to  be  ho- 
ped, that  learning  wisdom  from  experience,  and  moderation  from 
adversity,  we  will  never  again  witness  a  recurrence  of  a  spirit  of 
over  weening  speculation  and  over  reaching  cupidity,  equally  in- 
jurious to  good  morals  and  social  prosperity. 

As  a  component  part  of  a  great  federal  republic,  it  is  our  in- 
cumbent duty  to  support  the  general  government  in  all  its  measures 
that  arc  worthy  of  support,  to  cultivate  an)ity  ami  good  will  with 
our  confederates,  and  to  discountenance  all  tendencies  to  over- 
throw by  consolidation,  or  to  destroy  by  dismemberment  our  ad- 
mirable systems  of  government.  Peace  with  all  the  world  is  with 
us  a  primary  duly  and  a  cardinal  interest.  Whatev  r  may  be  the 
aspect  or  whatever  the  direction  of  our  foreign  negociations,  there 
is  no  reason  to  apprehend  any  change  in  our  pacific  relations,  nor 
can  we  imagine  the  possibility  of  any  diplomatic  involutions  that 
may  place  us  in  a  position  from  which  we  cannot  advance  without 
<langer  nor  recede  without  disgrace.  Powerful  in  defensive  and 
ill  adapted  for  olTensivc  war  ;  calculated  by  position,  destined  by 
interest,  and  enjoined  by  duty,  to  be  a  pacific  nation  ;  we  must 
seduloiTsly  abstain  from  entangling  or  identitying  ourselves  witli  the 
political  arrangements  of  other  nations.  In  relation  to  our  do- 
mestic concerns,  the  path  of  duty  is  equally  plain.  We  have  onh' 
to  pursue  the  same  policy  w'lich  has  conducted  us  to  opulence  antl 
established  our  prosperity  and  reputation  on  imperishable  founda- 
tions. 

Another  attempt  as  futile  as  the  former,  has  been  made  by  a 
custom  house  collector  in  the  west  to  apply  the  revenue  laws  of 


4 


the  United  States  to  the  navigation  of  the  Erie  canal.  It  does  tia 
appear  that  this  proceeding  has  received  any  countenance  from 
higher  authorities,  nor  can  it  for  a  moment  he  beheved  that  a  claim 
so  preposterous  in  its  assumptions  and  so  pernicious  in  its  results, 
would  at  any  time  be  encouraged  in  any  qnartef .  As  the  spirit  of 
internal  improvement  is  rapidly  extending  in  eyery  direction,  it 
has  become  a  question  of  great  moment,  whether  the  general  go- 
vernment has  power,  with  or  without  the  consent  of  the  state 
governments,  to  construct  canals  and  roads  in  their  territories, 
and  whether  such  power,  if  not  already  vested,  ought  to  be  grant-^ 
ed  ?  High  authorities  are  to  be  iound  on  both  sides  of  this  ques- 
tion ;  and  after  devoting  to  it  all  the  consideration  to  which,  from 
its  importance,  it  is  entitled,  I  think  it  due  to  a  sense  of  duty  and 
a  spirit  of  frankness  to  say,  that  my  opinion  is  equally  hostile  to 
its  possession, or  exercise,  by  or  its  investment  in  the  national  au- 
thorities, I  can  perceive  in  it  nothing  less  than  the  harbinger  of 
certain  destruction  to  the  state  governments,  nor  can  we  but  see  that  it 
at  once  breaks  down  the  barrier  Ivetween  a  government  for  national 
or  exterior  affairs,  and  local  governments  for  domestic  or  interior 
concerns.  As  well  might  congress  take  cognizance  of  agriculture^ 
common  schools,  universities,  penal  codes,  and  the  whole  range 
of  local  and  internal  regulation,  as  of  roads  and  canals.  As.,  how- 
ever, the  general  government  is  possessed  of  the  national  domains, 
and  has  exclusive  authority  over  ihe  most  productive  sources  of  reve- 
nue, I  believe  that  the  power  of  distributing  the  necessary  funds 
among  the  several  states  for  objects  of  public  improvement,  ought 
to  be  incorporated  in  the  constitution,  if  not  recognized  as  al 
ready  in  existence. 

While  on  the  subject  of  amendments  to  our  national  constitution^ 
I  cannot  but  express  my  regret  that  the  enlightened  and  magnan- 
imous views  of  this  state,  in  relation  to  the  choice  of  President 
and  Vice  President  have  not  been  realized.  Our  overture  was  to 
establish  an  uniform  rule  of  choosing  electors  by  the  people  and 
by  districts.  In  committing  this  power  to  the  people,  it  vests  it 
in  its  appropriate  depository,  the  legitimate  sovereign  of  the  coun- 
try, diminishes  the  chances  of  corruption,  and  the  dangers  of  for- 
eign influence,  destroys  the  evils  of  pre-existing  bodies  for  the  elec- 
tion of  the  colleges,  and  prevents  combinations  of  a  few  great  states 
to  create  by  their  own  power  the  national  Chief  Magistrates. 
The  provision  i'  perfectly  safe,  unless  the  people  be  venal  and 
profligate,  and  then  liberty  is  in  all  cases  without  protection,  and 
free  government  without  hope.  It  is  fnir  and  equal,  if  it  be  uni- 
form, but  without  insertion  into  the  constitution,  it  will  subvert  a 
just  representation  of  power.  I  am  persuaded  that  as  the  legisla- 
ture of  a  great  state,  you  feel  above  the  influence  of  any  consid- 
erations connected  with  an  invidious  and  dangerous  assumption 
or  exercise  of  power.  The  great  states  will  always  possess  an  in- 
fluence correspondent  with  the  most  extensive  combinations  of  mo- 
ral and  physical  power,  unless  they  become  the  dupes  of  extrane- 


ous  intrigue  or  the  victims  of  internal  agitation  ;  and  tlioy  thorf 
fore  ought  toahdicate  all  pretensions  and  avoid  all  associations  cal 
culated  to  excite  the  jealousy,  or  diminish  the  just  rights  of  the 
minor  members  of  the  confederacy 

A  controversy  much  to  be  regretted  has  existed  for  some  years 
between  our  sister  New-.Iersey  and  us.    Our  claim  of  jurisdiction 
and  territory  reaches  to  low  water  mark,  on  the  west  side  of  the 
Hudson  an  l  the  Sound  that  separates  Staten  IslancI  Irom  New-Jer- 
•Gy,  while  the  adverse  title  extends  ad  fdum  aquae.    In  1807  this 
controversy  was  submitted  to  negociation,  which  terminated  with 
more  precipitation  than  good  temper,  an(i  without  any  favorable 
result.    Subsequently,  and  in  the  same  year,  New-Jersey  passed 
an  act  for  the  protection  of  her  claims,  and  imposing  severe  penal- 
ties.   During  the  Ibllowing  year,  New-York  passed  a  law  of  a  re- 
taliatory character,  but  not  so  penal  in  its  inllictions.    Our  act  of 
1798,  was  not  intended  to  refer  to  New-Jersey.    It  was  passed  du- 
ring the  administration  of  the  venerable  and  highly  respected  Go- 
vernor Jay,  and  a  longtime  before  the  agitation  of  this  controver- 
sy.   Us  ol)ject  was  to  bear  on  a  title  derived  from  another  state, 
absurd  in  itself,  indefensible  in  all  respects,  injurious  to  the  increase 
of  our  population,  and  perplexing  to  our  citizens  :  And  the  law 
had  the  contemplated  effect.    In  1825,  an  attempt  was  made  to  ad- 
just this  controversy,  by  instituting  a  new  board  of  commissioners, 
clothed  with    authority  to  negotiate  subject  to  ratification,  and  a 
law  was  enacted  for  the  purpose  by  New-Jersey  ;  a  correspondent 
bill  pr.ssed  the  senate  un.inii'iously ,  which  owing  to  an  inexplicable 
opposition,  was  so  long  procrastinated  in  the  Assembly  that  it  was 
merged  in  untinished  business;  since  which  period,  this  controversy 
has  assumed  a  more  serious  aspect.    A  ministerial  officer  of  this 
state  has  been  arr(^sted  in  New-Jersey,  for  serving  process  within 
the  disputed  jurisdiction  ;  and  he  is  liable  to  mcarccration  in  a 
state  prison.    1  conceive  it   due  to  the  comity  that  ought  to  exist 
between  independent  communities,  to  the  amity  which  ought  to  bp 
cherisheti  by  bordering  and  conl'ederate  states  to  a  sense  ol  justice, 
magnanimity  and  selt-respcct,  to  allay  the  exasperated  feelings 
which  prevail,  and  to  close  ^vith  a  negociation  again  agreed  to  bv 
«ur  sister  republic.    I  shall  transmit  to  you,  in  due  time,  the  doc- 
uments which  relate  to  this  subject. 

'I'he  precarious  and  uncertain  coiuHtion  of  the  elective  fran- 
chise, depending  more  on  the  volition  and  agency  of  assessors,  col- 
lectors, militia  officers,  and  road  masters,  than  on  a  fixed  and  cer- 
tain tenure,  rendered  it  necessary  that  delects  so  glaring  and  dan- 
gerous should  be  removed  by  constitutional  amendment.  In  1825 
I  called  the  attention  of  the  legislature  to  this  subject,  and  I  now 
have  the  satisfaction  to  announce  that  the  right  of  election  has  been 
established  0!i  a  tirm  and  certain  basis,  the  amendment  for  that- 
purpose  having  received  the  sanction  of  the  two  last  legist. itures, 
and  the  almost  unanimous  vote  of  the  people.  As  the  right  of  suf- 
fraS^  composes  the  essence  of  freedom,  and  is  the  vital  and  char- 


6 


ncteristic  principleof  representative  government,  it  otight  to  be  for- 
titied  against  corruption,  illuminated  by  knowledge  and  shielded 
by  moral  and  political  virtue.  Our  elections,  which  have  occupi- 
ed three  'ays,  and  occasioned  much  contention,  many  irregularities 
and  some  flagrant  violations  of  rectitude,  may  now  be  compressed 
within  a  shorter  period  and  conducted  with  more  regularity  and 
purity.  Lists  of  the  qualified  voters  in  each  town  may  be  period- 
ically compiled,  and  resorted  to  as  conclusive  evidence  of  a  right 
to  exercise  the  elective  franchise  in  a  particular  place,  by  which 
means  partiality,  fraud  and  purjury  ma}^  be  prevented.  Severe 
restraints  ought  also  to  be  established  against  the  pernicious  prac- 
tices of  employing  hirelings  to  bring  up  votes — ofbeleaguring  the 
polls  to  the  annoyance  or  excluson  of  aged,  intirm  and  orderiy  citi- 
zens— of  dispensing  donatives  or  largesses  of  any  kind  to  influence 
votes,  or  of  employing  an}'^  means  of  intimidation  or  corruption  that 
may  efl'ect  the  purity  and  independence  of  the  elective  fianchise. 

But  after  all,  the  great  bulw  ark  of  republican  government  is  the 
cultivation  of  education,  tor  the  right  of  suffrage  cannot  be  exercis- 
ed in  a  salutary  manner  without  intelligence.  It  is  gratifying  to 
find  that  education  continues  to  flourish.  We  may  safely  estimate 
the  number  of  our  common  schools  at  eight  thousand,  the  number 
of  children  taught  during  the  last  year,  on  an  average  of  eight 
months  at  four  hundred  and  thirty  thousand,  and  the  sum  expen- 
ded in  instruction  at  two  hundred  thousand  dollars.  It  is  however 
too  palpable  that  our  system  is  surrounded  by  imperfections  which 
demand  the  wise  consideration  and  improving  interposition  of  the 
legislature — In  the  first  place  there  is  no  provision  made  for  the 
education  of  competent  instructors  :  ct  the  eight  thousand  now  em- 
ployed in  this  state  too  many  are  destitute  of  the  requisite  qualifica- 
tions, and  perhaps  no  considerable  number  are  nble  to  teach  be- 
yond rudiment:!l  instruction.  Ten  years  of  a  child's  life  from  five 
to  fifteen  may  be  spent  in  a  common  school,  and  ought  this  immense 
portion  of  time  to  be  absorbed  in  learning  wh.'t  can  be  acquired  in 
a  short  period.  Perhaps  one  fourth  of  our  population  is  annually 
instructed  in  our  common  schools,  and  ought  the  minds  and  morals 
ofthe  rising  and  perhaps  the  destinies  of  all  future  generations  to 
be  entrusted  to  the  guardianship  of  incompetence  ?  The  scale  of 
instruction  must  be  elevated  ;  the  standard  of  education  ought  to  be 
raised — and  a  central  school  on  the  monitorial  plan  ought  to  be  es- 
tablished in  each  county  for  the  education  of  teachers,  and  as  exem- 
plars for  other  momentous  purposes  connected  with  the  improve- 
ment of  the  human  mind.  The  trustees  ot  the  public  school  so- 
ciety of  New-York,  have  issued  a  prospectus  for  the  establishment 
of  a  central  school  in  that  city,  wherein  are  to  be  taught  for  the 
education  of  teachers,  natural  philosophy,  practical  mathematics, 
mercantile  arithmetic,  book  keeping,  and  the  outlines  of  natural 
science.  A  school  on  a  similar  plan,  and  embracing  a  variety  of 
important  objects  has  been  founded  by  some  enlightened  and  pub- 
lic spirited  citizens  in  Livingston  county,  and  there  is  reason  to 


7 


hope  that  these  meritoiious  exeiliiui*  will  be  crcMvncd  uilh  com- 
plete success.  I  cannot  spe;\!;  in  terms  orsiiflicienl  praise  of  these 
most  laatlabla  attempts  uor  recommend  them  too  emphatically  to 
public  i)atroiia2;e  and  general  imitation.  Small  and  suitable  collec- 
tions of  books  and  ma))s  attached  to  our  common  schools  and  period- 
ical examinations  to  test  the  prolicienry  of  llie  scholars,  and  the 
merits  of  the  teachers,  arc  worthy  of  attention  :  ^vhen  it  is  under- 
stood that  objects  of  this  description,  enter  into  the  very  forma- 
tion of  our  characters,  control  our  destiniesthrough  life,  ]>rolectthe 
freedom  and  advance  the  glory  of  onr  country  :  and  when  it  is  con- 
sidered that  seminaries  for  general  education  arc  either  i^.ot  provi- 
ded in  the  old  world  or  but  imperfectly  sujiplied  by  charity  and 
.Sunday  schools,  and  that  this  is  the  appropriate  soil  of  liberty  and 
education,  let  it  be  our  pride,  as  it  is  our  duty,  to  spare  no  exertion 
and  to  shrink  from  no  expense,  in  the  promotion  of  a  cause  consecra- 
ted by  religion  and  enjoined  by  patriotism.  Nor  let  us  be  regard- 
less of  ample  encouragement  of  the  higher  insiitutions  devoted  to 
literature  and  science.  Independently  of  their  intrinsic  merits 
and  their  dilTusive  and  enduring  benefits,  in  reference  to  their  ap- 
])ropri:ite  object^;,  they  have,  in  a  special  manner,  a  n;ost  auspicious 
influence  on  all  subordinate  institutions  :  They  give  to  society  men 
of  injprovcd  and  enlarged  minds,  who  feeling  the  imi)ortance  of 
information  in  their  own  experience,  will  naturally  cherish  an  ar- 
dent desire  to  extend  its  blessings.  Science  delights  in  expansion 
as  well  as  in  concentration  ;  and  after  having  flourished  within  the 
precincts  of  Academics  and  Universities,  will  spread  itself  over  the 
land,  enlightening  society  and  ameliorating  the  condition  of  man  ; 
Theniore  elevated  the  tree  of  knowledge  and  the  more  expanded 
its  branches,  the  greater  will  be  its  trunk  and  the  deeper  its  root. 
Simultaneouly  with  the  improvement  of  the  constitution  relative 
to  the  elective  franchise,  another  amendment  uas  adopted,  com- 
mitting the  choice  of  Justices  of  the  Peace  to  the  people.  These 
appointments  have  been  considered  as  intimately  connected  with 
j)oliticnl  influence  from  the  earliest  periods  of  our  history.  I'nder 
the  Colonial  Governors,  they  were  made  not  so  much  with  a  view 
to  fitness  as  to  the  support  dispensed  to  friendly  members  of  the 
Assembly.  Under  the  council  of  appointment  these  offices  depen- 
ded on  the  fluctuations  of  party  ascendency;  and  under  the  new  con- 
stitution a  complex  system  was  established,  which  ostensibly  creisted 
an  appointing  power  in  every  county,  but  in  reality  brouirht  the 
h^ubstance  of  it  home  to  the  seat  of  government  ;  and  it  was  attended 
with  the  political  solecism  of  not  only  converting  the  county  judges 
into  a  co-ordinate  appointing  power,  but  of  investing  them  with 
authority  to  remove  their  associates  in  the  general  sessions  froni 
oflice,  while  sitting  on  the  same  bench.  The  people  are  at  last  pos- 
icssed  of  the  right  of  choosing  their  own  local  magistrates,  and 
the  appointment  of  nearly  three  thousand  ofiices,  is  thus  placed 
in  the  properdepository.  The  common  place  obj(Ttion  o'  the  dan- 
gers of  an  elective  judiciary  con  hare  no  weiuht  in  its  application 


8 


to  this  case.  The  Aldermen  of  New- York  and  Albany  who  are 
ex-officiis  judges  of  the  county  courts,  have  been  elected 
from  the  first  foundation  of  those  cities,  and  no  just  imputation  has 
been  made  on  that  account  against  the  honest  and  Independent  ex- 
ercise of  their  functions.  Your  attention  will  of  course  be  afforded 
to  such  legislation  as  may  be  requisite  to  carry  these  important  imr 
provements  into  full  effect. 

The  charter  of  the  New-York  Historical  society,  which  had  ex- 
pired h\  its  own  limitation,  was  renewed  at  the  last  session,  but 
without  the  pecuniary  aid  that  was  solicited  and  which  would  have 
been  worthily  bestowed,  considering  the  light  which  its  re- 
searches and  collections  have  shed  on  the  history  of  America  in 
general,  and  of  this  state  in  particular.  It  appears  that  the  soci- 
ety has  recently  procured  and  published  a  manuscript  continuation 
from  1732  tol762  of  Smith's  history  of  this  province.  The  trans- 
lations of  our  Dutch  Records,  at  the  pubUc  expense,  by  the  learn- 
ed Doctor  Vanderkemp,  have  opened  sources  of  Historical  infor- 
mation, which  were  before  locked  up  in  a  language  little  known 
and  in  m  muscripts  scarcely  legible.  In  1814  the  Historical  Socie- 
ty addressed  a  memorial  to  the  Legislature,  wherein  it  indicated 
several  places  for  important  acquisitions. — In  the  office  of  the 
board  of  trade  and  plantations,  in  England,  in  the  British  Museum, 
and  in  the  library  for  the  society  for  the  propagation  of  the  gospel 
in  America,  books  and  manuscripts  of  great  moment  relative  to  our 
history  may  be  found.  And  it  would  be  very  useful  to  obtain  tran- 
scripts of  all  publications  and  documents  in  those  quarters,  which 
may  elucidate  our  annals  in  their  aboriginal  and  colonial  state. 

An  authentic  and  official  map  of  the  state  is  a  desideratum  which 
ought  to  be  supplied,  an'l  this  is  suggested  without  any  disparage- 
ment of  the  laudable  attempts  which  have  been  made  by  individu- 
als for  that  purpose. 

The  provision  made  at  the  last  session,  for  the  extension  and 
support  in  the  City  of  New-York,  of  the  House  of  Refuge  for  ju- 
venile delinquents,  has  been  faithfully  and  beneficialy  applied.  A 
separate  and  accommodating  building  has  been  erected  for  females 
and  schools  on  the  monitorial  plan  have  been  successfully  estab- 
lished: The  institution  now  contains  one  hundred  and  thirty-one 
males,  and  thirty  females,  who  have  been  rescued  from  the  most 
abject  debasement — and  preventive  as  well  as  remedial  in  its  in- 
fluences, it  must  be  considered  a  noble  as  well  as  successful  experi- 
ment in  favor  of  humanity:  All,  however,  will  depend  on  a  con- 
tinuance ofable  superintendence,  and  it  is  hoped  that  the  philan- 
thropic men  who  have  gratuitously  and  perseveringly  devoted  them- 
selves to  this  great  work,  will  not  relax  in  their  exertions.  Instan- 
ces have  occurred  where  the  most  abandoned  youth,  after 
having  experienced  the  moral  purification  of  the  House  of  Refuge, 
have  encountered  the  dangerous  expos'ires  of  a  maritime  life  with- 
out the  least  detrimentto  their  jjood  habits.  It  is  to  be  regretted 
that  some  very  youngc  onvicts  have  been  sentenced  in  the  counties 


9 


to  the  state  prison  where  they  ouj^ht  to  have  been  sent  to  this  pen- 
itentiary, aiuiil  appears  that  a  corivirtion  rc*  i  ntly  took  phctjin  the 
circuit  court  ot'ihe  U.  States  when  the  criminal  was  a  proper  sub- 
ject tor  the  latter,  but  that  tliis  de!jii;nation  couUl  not  lako  place,  as 
the  law  allowing  the  use  ofour  prisons  and  peintentiaries  for  oilen- 
ders  against  the  U.  States  only  applies  to  commitments  before  tri- 
al. This  is  an  accidental  omission  and  ought  to  be  rectified.  It  is 
gratifying  to  observe  the  increasing  attention  to  institutions  of  this 
kind  in  other  states  and  the  probiibdily  of  their  extensive  establish- 
ment; and  it  is  also  gnitilying  to  know  that  nothing  has  been  done 
in  favor  of  lh(?  House  of  llcfuge  whi(  h  has  in  the  rrmotest  degree 
interfered  with  the  int. rests  and  concerns  of  our  quarentine  estab- 
lishment; all  its  needful  requirements  have  been  amply  satisfied, 
and  besides  the  payment  of  all  its  expenses,  an  extensive  brick 
hospital  with  other  useful  erections,  is  in  a  train  of  comple- 
tion. 

The  debt  created  by  the  construction  of  the  Erie  and  Champlain 
canals  and  subsiduai-y  works  amounts  to  seven  million  nine  hun- 
dred forty-four  thousand  seven  hundred  and  seventy  dollars  and 
ninety  cents,  paying  an  interest  of  six  and  five  per  cent.  '1  he  in- 
terest on  the  whole  is  5^427,673.55  per  annum;  and  the  fund  appli- 
cable to  the  extinguishment  of  this  debt,  will  it  is  believed,  a- 
mount  this  year  to  l,057,5o5  4(J 

To  wit. 

From  Tolls  ^  771,780  10 

Froni  auction  duties  for  the  fiscal  year,  ending  oOth 

November  last,  200,737  C4 

Salt  Duties.  77,405  33 

Other  sources.  7,035  19 

Cy  the  constitution,  this  fund  cannot,  nor  ought  it  to  be  diverted 
firm  its  designi:ted  objc-ct.  i  his  state  has  der-ved  great  reputa- 
tion from  its  enterprise  in  undertaking,  and  its  perseverance  in  exe- 
cuting a  work  of  immense  benefit,  and  if  ought  to  get  another  ex- 
ample of  the  extinguishment  of  a  great  public  debt.  This  pn-ce- 
dent  will  be  more  beneficiwl  in  itself  and  more  animating  in  j'llits 
aspects  and  consequences,  than  any  fugitive  or  even  permanent  .id- 
vantage-  that  can  emanate  from  anotiier  course.  In  the  Uiean  time- 
wo  must  feel  rertam  that  this  important  object  will  be  soon  accom- 
plished and  wc  can  safVly  make  prospi^rtivo  c;d'-u!alions  accor- 
dingly. The  primary  obj  ect  of  <dl  improvements  which  croatn 
anrl  facilitate  communication  by  lund  or  water,  is  the  public  ac- 
commodation and  the  promotion  of  internal  commerce.  Revenue, 
alllio'igh  a  desirable,  is  only  a  second. iry  mduccment.  and  wht-n- 
ever  a  collision  arises,  the  subaltern  must,  as  in  all  other  instan- 
ces, yield  to  the  principal  consideration.  The  standard,  by  which 
all  operations  of  this  kind  ought  to  be  regulated,  is  the  public  ability 
to  sustain  the  exp»^ns*^^  :  and  although  income  m.iy  ei  tor  into  the 
Gonsi(hr.)tion  of  th  ii  question,  yet  when  the  capacity  may  exist 
without  reference  to  the  proceeds  of  a  vrork  erected  for  the  general 

B 


10 


accommodation,  the  resulting  avails  can  never  be  the  ccntrolIin<r 
jntlacement  ;  and  it  ought  always  to  be  emphatically  understood 
that  the  expenditure  of  public  money  in  works  of  utihty,  enriches 
the  country  in  \yhich  it  is  applied,  increases  its  abihty  to  defray 
the  pubhc  burdens,  establishes  profitable  markets  in  all  directions, 
enhances  the  value  of  land,  augments  the  amount  of  capital  and 
rewards  the  exertions  of  industry  and  the  exhibitions  of  ingenuity. 
In  times  of  pressure,  no  relief  can  be  more  eflfectual,  and  the  ex- 
perience of  the  country  through  which  the  western  and  northern 
canals  were  constructed,  evinced  the  absence  of  those  distresses, 
which  for  a  considerable  portion  of  the  time,  were  felt  in  almost 
every  other  quarter.  The  funds  thus  employed,  circulate  from 
the  extremities  to  the  heart  of  the  body  politic,  quickening  the 
movements  of  labor,  animating  the  operations  of  capital,  and 
augmenting  the  productions  of  industry. 

Our  canals  have  been  principally  made  by  the  state,  and  our 
roads  by  incorporated  companies,  by  individuals,  by  towns  and 
counties  and  by  the  state  at  large. — In  those  improvements  which 
are  to  be  achieved  in  future,  there  will  undoubtedly  be  full  scope 
for  all  these  sources  of  contribution  and  they  will  demand  all  the 
imited  efforts  of  our  disposable  capital  and  labor.  The  canals 
which  now  principally  occupy  the  public  attention,  embrace  a  nav- 
igable union  of  the  principal  bays  on  Long-Island — of  the  Hudson 
and  Delaware  Ptivpr? — of  the  Erie  canal  with  the  East  and  West 
branches  of  the  Susquehannuh,  with  the  Allegany  River,  with 
Lake  Ontario  by  great  Sod  us  Bay — with  Black  and  St.  Lawrence 
rivers;  and  between  the  latter  river  and  Lake  Champlain,  and 
even  a  canal  from  Lake  Erie  to  the  Hudson  river  by  an  entire 
new  route,  has  been  suggested  as  practicable  and  expedient  and 
urged  with  great  earnestness  and  energy.  Of  all  the  operations 
which  have  been  conducted  by  incorporations,  there  is  none  enti- 
tled to  more  commendation  and  public  favor  than  the  canal  con- 
structed by  the  Delaware  and  Hudson  Company,  comprising  a  dis- 
tance of  sixty-three  miles  from  the  Delaware  to  the  Hudson  river. 
This  work  will  be  navigable  at  the  opening  of  the  spring,  embra- 
ces 61  Locks,  besides  Culverts,  Aqueducts,  Bridges  and  other  ne- 
cessary appurtenances.  It  was  commenced  in  August,  1825,  and 
was  performed  with  great  economy  as  well  as  skill,  and  at  an  ex- 
pense below  the  estimate.  There  still  remains  to  be  executed 
about  twenty  miles  from  the  point  where  the  canal  strikes  the 
Delaware  along  the  valley  of  that  river,  to  the  mouth  of  the  Lack- 
awaxen.  From  thence  it  is  contemplated  to  have  a  communication 
to  the  Anthracite  Coal  Beds,  from  which  coal  in  any  quantity,  and 
of  excellent  quahty  may  be  brought  along  this  route  and  delivered 
at  the  towns  on  the  Hudson,  for  three  dollars  and  nine  cents  a  ton. 
It  is  supposed  that  a  canal  might  be  continued  from  the  termination 
of  this  at  the  confluence  of  the  Lackawaxen  and  Delaware,  to  de- 
posite  on  the  latter  river  a  distance  of  sixty-six  miles,  and  from 
thence  to  Bettsburgh  on  the  Susquehannah  thirteen  miles  :  From 


11 


which  place  on  examinations  instrumental  and  personal,  it  is  un- 
derstood that  a  good  navigation  might  be  eflVcted  along  (lie  Vidhea 
of  the  Susqueliannah  and  1  iog\»,  and  ot  the  branches  of  lliciatter 
as  fir  west  as  Hornellsville  in  Sl.euben  County,  forming  a  continu- 
ous line  of  canal  230  miles  at  least  :  And  it  is  believed  ttial  this  nav 
igable  communication  may  be  extended  to  Portland  on  Lake  Erie, 
and  to  Pittsburgh  at  the  head  of  the  Ohio.  But  it  is  suflicient  to 
say  that  this  canal  considered  without  any  reference  to  its  extension 
is  of  vast  importance  in  the  accommodations  which  it  will  afi'ord 
and  as  such  it  is  entitled  to  your  countenance.  In  what  precise 
shape,  this  ought  to  be  manifested,  will  of  course  be  a  subject  ol 
your  wise  deliberations. 

I  have  great  pleasure  on  this  occasion,  in  recommending  to  your 
favorable  notice,  a  company  which  was  incorporated  on  the  9th  of 
April,  1824,  by  an  act  entitled  "  an  act  to  incorporate  the  Orange 
and  Sussex  Canal  Company  "  The  object  of  this  corporation  is  to 
tbrm  a  navigable  communication  between  the  Hud^ion  near  New- 
burgh  and  the  Delaware  near  the  Water  Gap,  and  which  it  is 
conjectured  may  be  extended  to  the  Susquehannah.  The  state  of 
N.  Jersey  has  passed  a  concurrent  act  of  incorporation.  The  whole 
distance  is  about  80  miles.  The  ascent  from  the  Hudson  to  the 
summit  level  is  about  430  feet,  from  whence  the  descent  to  the 
Delaware  is  207.  The  whole  line  is  through  a  spacious  ralley 
formed  by  a  continuation  of  the  Catskill  Mountains  on  the  one  side 
and  of  the  Highlands  on  the  other.  This  region  is  replenished 
with  valuable  minerals  and  lumber  of  all  kinds  and  its  abund- 
ant fertility  is  conceded.  'I  he  only  question  that  can  exist  as  to 
the  feasibility  of  this  project,  is  as  to  a  sufficient  supply  of  water 
at  certain  periods,  but  it  is  highly  probable  that  the  pending  ex- 
aminations will  dissipate  all  apprehensions  in  this  respect. 

There  are  five  routes  proposed  between  the  Erie  cnnal  rnd  the 
Susqu«hannah,  to  wit;  from  the  head  of  the  Seneca  Lake  to  the  Ti- 
oga or  Chemung  river,  from  the  head  of  Cayuga  lake  to  Owego; 
by  Otsego  lake,  by  the  valley  of  the  Chenango  river,  and  Irom 
Manlius  through  Pompey  and  Homer  to  Chenango  Point.  Five 
communications  are  also  contemplated  between  the  same  canal  and 
the  Allegany  river;  by  the  Valley  of  the  Genesee  to  Olean  Point — 
by  that  of  Tonnewanda  to  the  same  point  and  also  from  Buftalo  to 
the  same  place  by  Buffalo  Creek  Lime  Lake  and  Ischua  Creek;  by 
Ihe  Valley  of  the  Conewango  and  by  L  ikes  Erie  and  Chautauque. 
Several  routes  have  been  indicated  and  some  explored  from  the 
Erie  canal  to  the  St,  Lawrence  ano  the  practicability  and  utility  id 
particular  of  a  canal  from  Home  through  Boonsville  or  Camden  to 
Ogdensburgh  are  put  beyond  all  doubt.  I  have  heretofore  had 
occasion  to  speak  in  the  most  favorable  terms  of  some  of  these 
projected  communications,  and  time  and  enquiry  have  confirmed 
my  impressions. 

Bituminous  Coal  of  good  quality  surrounded  by  approved  Iron 
Ore,  is  found  in  the  greatest  abundance  and  can  be  procured  with 


12 


little  expanse  in  Pftnnsykania  about  twenty  miles  from  the  line  of 
this  state  and  as  soon  as  the  Seneca  L  ik-^  is  united  with  the  Tioga 
may  be  conveyed  to  this  City  for  about  seven  flolliirs  a  ton.  It  is 
due  to  justice  to  state  that  the  prominent  objection  made  last  session 
against  the  Chenango  canal  is  completely  prostrated,  for  a  scrutin- 
izing examination  has  demonstrated  that  a  plenary  supply  of  water 
can  be  obtained  at  all  seasons.  Anthracite  Coal  from  B^dmont  in 
Pennsylvania  can  be  obtained  through  this  channel  and  strong  indi- 
cations exist  of  the  pre  sence  of  coal  in  Oxford;  there  can  be  no 
doubt  but  that  a  productive  revenue  will  be  derived  from  the  con- 
veyance particulnry  of  that  fossil,  salt  and  gypsum.  1  shall  not 
however  trespass  on  your  time  by  entering  more  into  detail.  But 
permit  me  to  remark  that  the  expei  se  of  such  oper^itions  may  be 
greatly  diminished  by  the  adopiion  of  wooden  locks  in  forest  coun- 
tries and  of  inclined  planes  in  hilly  regions  from  the  experiments 
already  made  there  can  be  but  little  doubt  of  the  successful  sub- 
stitution of  the  latter.  I  submit  the  whole  subject  to  y<  ur  enliijht- 
ened  consideration,  not  doubting  but  that  you  will  view  it  in  all  its 
altitudes  and  bearings  and  with  a  full  determination  to  dispense 
such  encouragement  as  may  be  authorised  by  the  merits  of  the  pro- 
jects and  by  the  resources  of  the  commonwealth,  and  wiih  a  judi- 
cious view  of  prospective  as  well  as  present  considerations,  and  of 
all  the  beneficial  conf^binations  and  consequences  thut  must  neces- 
sarily flow  from  extending  the  sphere  of  our  miprovem.^nts,  and  ex- 
citing into  activity  all  the  springs  of  productive  industry. 

It  is  presumed  to  be  a  genera!  rule  of  ensy  application  and  exe- 
cution, that  the  cost  of  the  repairs  and  superintendence  of  a  canal 
ought  not  to  exceed  one  tenth  of  its  gross  income.  Whether  ihis 
is  the  case  with  us  is  not  easily  ascert^iined,  because  the  expendi- 
tures for  repairs  and  new  erections  are  probably  in  some  instances 
mixed  together.  But  I  am  persuaded  that  a  system  of  precaution- 
ary economy  and  considerable  retrenchment  might  be  adopted 
greatly  to  the  advantage  of  thecana;  tund  and  in  favor  of  other  im- 
provements. Complaints  are  made,  and  I  have  no  doubt  with  good 
cause  in  several  instances,  of  the  high  rates  of  toll,  as  having  a  dis- 
couraging influence  on  our  trade  ;  If  high,  they  may  have  a  prohib- 
itory effect,  and  prevent  entirely,  o"  for  certain  distances,  the 
transit  of  some  articles.  The  cheaper  the  conveyance,  the  more 
commodities  will  be  conveyed  ;  and  the  profits  of  the  canals  may 
be  thus  augmented  instead  of  being  diminished  by  low  duties.  It 
is  indeed  supposed  that  the  tolls  on  some  commodities  may  be  re- 
Suced  or  approximated  to  the  constitutional  minimum  without  any 
loss  of  revenue  :  And  it  is  a  subject  worthy  of  your  serious  consid- 
eration, whether  the  power  of  imposing  transit  duties  or  taxes,  be- 
ing a  legislative  power,  ought  to  be  delegated  or  transferred,  unless 
under  extr  ^ordinary  circumstances. 

T^he  construction  of  a  great  road  from  the  Hudson  rirer  to 
Lake  Erip  through  the  south  western  counties,  has  been  for  a 
ooBsiderable  tiioe  uoder  public  consideration,  and  for  two  coosc- 


13 

tutive  sessions  under  legislative  discission.  Its  cliunis  to  |)ul>li(" 
favour  :«re  generally  well  understood,  and  I  believe  du\y  :t|)i)re(;ia- 
ted.  Like  all  other  momentous  i)lans  it  is  not  without  its  0j>|)ijsers, 
whose  motives  are  undoubtedly  pure,  although  tiiere  may  be  little 
lorce  in  their  objections.  Some  are  hostile  I'roju  vie\\s  of"  erono- 
my — others  from  local  feeling*,  and  prob,d)ly  a  lew  !Vo:n  not  C(un- 
prehending  the  whole  merits  <>f  a  project  of  such  diversiried  be  ir- 
inf2;s,  and  such  colossal  dimensions.  If  a  road  be  adv.tntagoous 
and  accommodatinti;  for  a  short  distance,  its  hnn;  tits  must  be  lelt 
m  the  ratio  of  its  extension,  and  if  itspat^sage  be  througii  a  fertile 
country  of  various  and  inexhaustible  powers  of  production,  cal- 
culated in  some  parts  for  grain,  in  others  for  cattle  and  the  dairy, 
filled  with  valuable  tijnber  and  minerals,  it  must  not  oidy  open  a 
lucrative  market  to  our  great  cities,  but  establish  i)laces  oi  sale  and 
ptirchase  tor  the  accommodation  of  a  dense  popuhaion,  which  will 
spring  up  in  the  whole  range,  and  sj)read  over  the  whole  area  of 
the  interior.  We  need  only  cast  our  eyes  on  Philadelphia  and 
Pittsbur:;h,  and  duly  estiuiate  the  condition  of  those  prosperous 
cities,  and  the  intervening  regions,  in  order  to  realize  the  soiiiid- 
ness  of  these  vievrs,  and  ahen  our  can;:!.-  and  rivers  are  lo.  ked  up 
by  ice,  we  will  still  be  able  to  find  a  way  to  the  ocean.  You  will 
excuse  my  repeated  mention  of  this  subject,  for  I  assure  y(.u  t!)at 
J  cherish  no  other  feelings  than  those  which  are  connected  with  a 
deep  solicitude  for  the  public  welfare,  and  1  think  that  I  may  ven- 
ture to  entertain  some  confidence  on  this  occasion,  speaking  as  I  do 
from  personal  examination,  cautious  investigation  and  mature  de- 
liberation. And  I  am  entirely  willmg  to  encounter  my  fidl  share 
of  the  responsibility  of  a  njeasure  which  will  make  the  wilderness 
and  solitary  places  glad,  and  the  desert  rejoice  and  blossom  as  the 
rose. 

In  the  satisfaction  which  we  experience  from  the  view  of  our 
improvements  prospective  as  well  as  actual,  we  cannot  but  parli- 
cipate  in  the  gratifications  which  must  be  derived  iVom  the  preva- 
lence of  a  similar  spirit  in  other  portions  of  the  union.  Ohio  i? 
pushing  her  vast  operations  with  a  spirit,  energy  and  success,  wor- 
thy of  all  praise,  and  onf  of  our  citizens  has,  greatly  to  his  honor, 
loaned  her  a  million  of  dollars  for  that  purpose.  A  canal  is  rapidly 
constructing  around  the  falls  of  Ohio.  A  navigable  communication 
between  the  waters  of  the  Chesapeake  and  Delaware,  is  in  suc- 
cessful progress.  And  besides  the  meritorious  canals  in  Pennsyl- 
vania, which  have  been  made  and  are  making,  by  associated  en- 
terprise, that  great  state  has  established  a  board  for  public  iin- 
provementi  with  a  view  to  more  extended  operations.  A  commu- 
nication is  also  contemplated  between  the  waters  of  the  Potomac 
and  the  Ohio  ;  and  it  is  ardently  hoped  that  this  stupendous  pro- 
ject will  be  as  successful  in  its  execution,  as  it  is  magnilicent  in  its 
de-ign,  and  that  its  interests  will  be  promoted  by  the  most  liberal 
contributions  of  public  munificence. 

Th^  lat^  alarmmg  copaw'^rcial  couTulsions,  ought  lo  ioculcato 


14 


the  necessity  of  avakling  a  recurrence  of  those  calamities,  by- 
avoiding  the  causes  which  produced  them.  Heretofore  the  ca- 
lamitous derangements  in  Great  Britain  have  been  ascribed  to  a 
variety  of  causes — but  principally  to  a  transition  state  from  wur  to 
peace  and  to  excess  of  production,  but  I  believe  that  the  better 
opinion  now  is  th?it  they  are  chiefly  imputable  to  excessive  emis- 
sions of  paper  money  in  the  shape  of  bank  notes :  And  as  similar 
distresses  were  experienced  almost  contemporaneously  in  this 
country,  we  may  trace  them  to  similar  causes.  The  prorits  of  onr 
city  banks,  besides  interest  on  actu  il  capital,  are  derived  from 
discounts  on  deposits  acd  issues  of  paper  money.  And  those  ot 
the  country  banks,  principally  from  the  last  source.  A  bank,  gene- 
rally speaking,  may  issue  notes  to  three  times  the  amount  of  the 
capital  paid  in.  This,  although  intended  for  a  wholesome  restric- 
tion, is  in  reality  a  most  pernicious  authorization,  and  can  never 
be  justified  by  any  state  of  things.  1  he  authority  to  create  money, 
will  almost  always  be  abused,  and  the  expedients  to  pioducea 
forced  and  artificial  circulation  of  bank  paper  ;  and  to  redeem  it 
on  every  alarm,  and  convulsion  must  inevitably  scatter  distrust  and 
confusion  in  the  moneyed  market,  engender  a  system  of  deleteri- 
ous speculation,  derange  the  natural  course  of  trade,  and  produce 
those  alternations  of  prices  which  are  injurious  to  all  descriptions 
of  people.  In  these  struggles  of  cupidity,  a  few  great  fortunes 
may  be  made  ;  but  fraud,  peculation,  and  bankruptcy,  will  follow 
in  their  train. —  !  he  regular  current  of  business  will  be  checked — 
rredit  will  be  banished,  and  capital  will  either  seek  security  in 
abstraction  from  business,  or  tempted  by  high  profits,  w«ll  give  the 
reins  to  an  adventuring  spirit,  and  participate  in  the  general  wreck 
and  ruin.  It  is  to  be  ardently  hoped  that  the  legislature  will  ex- 
ercise more  than  ordinary  circumspection  in  future.  A  few  soH- 
tary  cases  may  present  where  chartered  grants  may  be  auspicious 
to  particular  places,  and  the  surrounding  country  ;  but  the  power 
of  making  money,  is  a  dangerous  faculty,  and  its  liability  to  per- 
version, is  in  proportion  to  its  extension.  Banking  privileges 
deposited  in  unskilful  hands,  may  be  abused  without  design,  and 
from  ignorance  ;  but  when  granted  to  fraudulent  men  who  prefer 
wealth  to  character,  and  the  gratifications  of  avarice  to  the  honors 
of  virtue,  there  will  scarcely  be  bounds  to  the  evils  that  will  en^ 
sue;  and  experience  has  evinced,  that  applications  of  this  kind 
are  made  almost  always  for  personal  benefit,  not  for  public  accom- 
modation. Some  general  regulations  are  indispensably  necessaiy,. 
for  restricting  the  issues  of  bank  paper,  for  pre  scribing  the  posses- 
sion of  a  certain  quantity  of  metallic  money  imd  adequate  security 
for  the  redemption  of  bank  notes  and  the  payment  of  debts,  for 
compelling  the  attendance  and  increasing  the  responsibility  of  di- 
rerto  s,  for  detecting  any  errors  or  misstatements  in  the  periodical 
renditions  of  the  state  of  banking  institutions,  and  for  prohibiting 
the  circulation  of  bank  notes  below  a  certain  sum  :  and  it  is  be- 
lieved by  many  respectable  and  well  informed  citieens,  that  insur- 
ance might  be  obtained  at  a  cheaper  rate,  and  from  sources  equallj' 


1.5 


safe  with  the  present,  it'  the  act  to  prevent  t'oreigners  Irom  becom- 
mg  insurers  in  certain  cases  in  this  state  were  repealed. 

The  revision  ot'  our  statutes  will  necessarily  bring  before  you 
the  merits  of  our  crinjinal  code.  There  is  one  capital  defect  which 
pervades  the  whole  system,  and  that  is  the  extensive  latitude  which 
is  given  to  judicial  discretion  in  the  dispensation  of  punishment*. 
We  have  sixty-three  criminal  courts,  besides  tribunals  oi'  summa- 
ry jurisdiction  for  the  trial  of  petty  offences.  There  is  of  course 
great  disparities  in  punishments  ;  again  the  specific  statutory  pun- 
ishments are  sometimes  so  unequal  in  their  application  to  crimes, 
that  injustice  bordering  on  cruelty,  may  result.  All  kinds  of  bur- 
glary, whether  merely  technical  or  highly  aggravated,  are  punish- 
ed with  imprisonment  for  life  in  the  state  prison.  Hence,  oilences 
of  a  trivial  nature,  not  exceeding  sometimes  petty  larceny  in  de- 
pravity or  danger,  may  receive  that  tremendous  infliction.  Man- 
slaughter sometimes  borders  on  excusable  homicide,  and  at  other 
times  assimilates  to  murder.  In  England  it  is  punishable  with  fine 
or  ti'ansportation — here  the  punishment  must  not  be  less  than  three, 
nor  more  than  fourteen  years  in  the  state  prison.  For  a  second 
conviction  for  petty  larceny,  the  convict  must  go  to  the  state  prison 
for  three  years,  and  the  first  conviction  may  be  a  summary  one 
without  the  intervention  of  a  jury.  I  have  recently  pardoned  a 
convict  of  this  description  after  an  imprisonment  of  more  than  a 
year,  and  well  recommended  in  other  respects,  whose  first  offence 
consisted  in  stealing  a  whip  lash,  and  the  second  a  shilling.  The 
counterfeiting  or  fraudulently  uttering  gold  or  silver  coin,  is  pun- 
ishable with  imprisonment  for  lite.  The  same  offence  in  relation 
to  paper  money  may  be  visited  with  the  same  imprisonment,  or 
for  a  period  not  less  than  seven  years.  The  possession  of  metallic 
money  with  intent  to  pass  it.  may  be  punished  for  not  more  than 
seven  years,  and  the  possession  of  pnper  money  with  the  like  in- 
tent, must  be  punished  for  not  less  than  seven  years  It  will  at 
once  be  perceived  that  among  the  many  evils  which  proceed  from 
these  disparities  and  inconj^ruities,  not  the  least  are  the  continual 
applications  for  pardons,  and  sometimes  the  absolute  necessity  ot 
the  interference  of  the  executive,  who  must  either  remain  inexo- 
rable to  the  united  voice  of  juslic-e  and  mercy  and  the  recommen- 
dations of  courts  andjuries,  or  countenance  to  a  certain  extent,  a 
departure  from  a  strict  system  of  penal  intlictions. 

Crimes  are  generally  gradual  in  their  progress  and  most  fre- 
quently comrrence  in  misdemeanors  of  no  great  aggravation. 
Hence  the  necessity  of  arresting  their  progress  in  the  first  stages 
of  depravity.  To  houses  devoted  to  gambling,  intemperance  and 
licentiousness,  we  may  trace  the  degradation  of  our  youth  and  the 
sources  of  parental  affliction.  It  is  alleged  that  there  are  defect?; 
in  our  laws  for  the  prevention  of  immorality,  which  require  your 
correcting  interposition,  and  the  importance  of  this  suggestion,  is 
certainly  deservinir  of  your  early  notice. 

During  the  recess,  suits  havo  be*^n  brought  Hy  claimants  deriving 
title  under  the  children  of  Roger  Morris  and  Mary  his  wife,  against 


grantees  nader  the  state:  and  in  pursuance  of  the  act  more  effcdc- 
tiiiilly  to  provide  for  defending  the  tiiles  of  certain  persons  in  the 
counties  of  Putnam  and  Dutchess,  derived  from  the  people  of  this 
state,  r.guinst  any  claims  set  up  by  or  under  the  childien  of  Roger 
Morris  and  Mary  his  wife,  deceased,  1  have  employed  able  coun- 
sel to  as?isi.  the  Attorney  General  in  defending  such  suits.  At  the 
close  of  the  last  session,  a  committee  was  appointed  by  the  senate, 
to  confer  with  the  claimants.  I  am  not  advised  of  the  results  of 
this  arrangement,  but  I  understand  that  a  disposition  still  exists,  on 
their  part,  for  an  amicable  .and  accommodating  negociation. 

It  sometimes  happens  from  the  lapse  of  years,  that  the  titles  of 
land  are  in  some  instances  endangered  by  the  want  of  authority  to 
put  the  deeds  on  record.  According  to  the  present  law,  a  deed  can- 
not be  recorded  unless  its  execution  be  proved  by  one  of  the  sub- 
scribing witnesses,  or  be  acknowledged  by  the  grantor.  There 
are  deeds  however,  to  which  the  witnesses  and  grtmtors  are  all 
dead  or  resident  without  the  state.  In  these  cases,  their  execution 
cannot  be  proved  or  acknowledged  so  as  to  be  recorded,  and  con- 
sequently the  owners  of  the  lands  can  only  use  the  deeds  as  evi- 
dence by  proving  on  trial,  in  open  court,  tirst,  that  the  subscribing 
witnesses,  reside  out  of  the  state,  or  are  dead,  and  ?econdly,  the 
h;md  writing  of  the  witnesses  Cnt  witnesses  to  prove  the  death 
or  non-residence  and  the  hand  writing  of  subscribing  witnesses, 
are  fast  lessening  in  number  as  their  ages  advance.  In  this  way 
the  owners  of  lands  may  fail  in  their  attempts  to  establish  their  titles, 
for  although  ancient  deeds  are  sometimes  given  in  evidence,  with- 
out proof  of  their  execution,  where  possession  of  the  lands  has  cor- 
responded with  them,  yet  the  term  of  time  necessary  to  bring  a 
<leed  under  this  denomination,  does  not  seem  to  be  definitely  settled. 
To  obviate  in  some  degree,  these  evils,  it  might  be  advisable  to 
provide  for  proving  deeds  where  the  subscribing  witnesses  and 
grantors  all  reside  out  of  the  state  or  are  dead  in  like  manner,  as 
the  same  deeds  under  the  same  circumstances  would  be  proved  in 
tri:ds  in  open  court,  and  also  for  allowing  the  deeds  so  proved  to  be 
put  on  record.  As  this  proof  \voul<i  be  rather  special,  it  might  be 
expedient  to  require  it  to  be  taken  before  one  of  the  judges  of  our 
supreme  or  circuit  courts  or  before  a  judge  of  a  simular  grade  in 
a  different  state. 

In  cases  of  vacancies  in  the  offices  of  clerks  and  sheriffs  of  coun- 
tiC"*,  the  executive  is  directed  to  order  new  elections  within  a  pre- 
scribed period.  As  the  strict  execution  of  this  act  is  sometimes  at- 
tended with  unnecessary  «n  convenience  to  the  people,  itis  submitted 
to  you  whether  it  would  not  be  expedient  to  convert  this  mandato* 
ry  into  a  discretion  \r\  provision. 

The  frequent  applications  for  field  ordnance  for  the  requisite  snp« 
ply  of  the  artillery  is  not  a  little  perplexing  to  the  Commissary  Gen- 
eral and  as  he  is  not  provided  with  the  means  of  compliance,  that 
useful  corps  is  greatlv  discouraged  in  its  meritorious  exertions. 

Our  code  in  relation  to  pauperism  is  nearly  a  transcript  of  the 


17 


English  system,  and  a  worse  nnoHel  could  not  be  found.  Experi- 
ence lias  shown  th.it  pauperism  has  increased  in  the  ratio  ofits  sup- 
phes  and  accommodations.  Tlie  estabh;^limcnt  of  county  ahns 
houses  with  appendant  farms  for  labor,  has  had  a  most  mitigating 
eflfect,  wherever  the  experiment  has  been  fairly  tried:  Besides 
the  diminution  of  expense,  as  well  as  of  the  number  ot  the  poor, 
their  comfort  will  be  much  increased.  And  it  is  said  if  the  avails 
of  the  excise  were  transferred  as  they  ought  to  be  from  the  towns^ 
to  the  support  of  the  county  poor  houses,  that  any  other  taxation 
for  pauperism  will  be  rendered  unnecessary. 

The  extraordinary  migrations  to  this  state  from  foreign  coun- 
tries during  the  last  sea'^on  have  been  attended  with  privations, 
afflictions,  and  calamities,  that  strongly  appeal  to  onr  humanity. 
Whatever  discordant  opinions  may  be  entertained  as  to  the  policy, 
there  can  be  none  as  to  the  benevolence  of  relief  Some  of  our 
cities  and  towns  are  already  unduly  burdened  w  ith  persons  of  this 
description  and  the  distressing  condition  of  so  many  human  beings, 
certainly  presents  a  strong  case  for  the  charity  of  the  state. 

As  the  demands  of  this  state  against  the  United  States  for  advan- 
ces during  the  late  war,  were  not  finally  adjusted,  I  requested  the 
comptroller  to  repair  to  the  seat  ot  the  national  government,  and 
attend  in  person  to  this  concern.  This  he  has  done  as  far  as  in 
his  power,  promptly  and  satisfactorily.  At  a  time  of  great  pres- 
sure and  public  danger,  when  the  national  government  was  crippled 
in  its  means,  and  paralyzed  in  its  operations,  this  state  stej)ped 
forward  and  contributed  all  in  its  power  to  defend  the  soil  and 
sustain  the  honor  of  our  country.  The  governor  of  this  state,  for 
a  portion  of  the  war,  had  a  command  as  Major  General  under  the 
United  States,  and  in  milit.iry  movements,  as  well  as  in  the  opera- 
tions of  the  commissariat  and  the  payment  of  the  troops,  there 
was  a  mixture  of  state  and  national  authorities.  And  this  too  oc- 
curred at  a  period  peculiarly  perplexing,  when  the  turmoils  and 
agitations  of  the  times  interfered  with  a  close  anfl  accurate  atten- 
tion to  the  ordinary  routine  of  business — hence  arose  confusion  in 
the  accounts,  imperfections  in  the  vouchers,  and  great  embarras- 
ments  in  all  the  arrangements.  It  was  therefore  to  be  expected 
that  the  settlement  of  our  demands  would  not  be  fettered  by  a  fas- 
tidious application  of  technical  formalities,  but  that  the  public  spirit 
of  the  state  would  be  met  by  a  correspondent  liberality.  This  anti- 
cipation not  heaving  been  realized,  and  there  beini;  still  equitably 
due  186,000  dollars  on  account  of  princip  1  and  interest,  it  wili  re- 
main with  you  to  determine  on  the  expediency  of  an  application  to 
the  national  legislature,  where  alone  justice  can  now  be  obtained. 

The  other  object  contemplated  in  the  act  for  the  settlement  of 
our  concerns  with  the  United  States  has  been  seduously  attend'^d 
to,  but  without  success,  I  mean  the  sale  of  our  lands,  buildings,  for- 
tifications, and  heavy  ordnance  on  Staten  Island.  I  have  under- 
stood that  the  very  able  board  of  engineers  lins  considered  those 
possession*  a?  an  important  branch  of  a  sv-sfrm  of  cen<.'ral  d<^fence, 


la 

but  hitherto  no  authority  has  been  given  to  complete  the  purchase. 
In  the  mcrui  time,  an  appHcation  has  been  made  by  the  treasury  de- 
partment for  three  or  four  acres  off  the  southern  extremity  of  the 
land  for  the  site  of  a  hght  house.  It  ought  to  be  well  understood 
before  this  disposition  is  made,  ivhether  it  may  not  interfere  with 
defensive  erections,  or  impair  the  general  value  of  the  property. 

Few  events  in  our  times  have  created  a  stronger  and  more  gen- 
eral sensation  than  the  coincident  deaths  on  the  tiftieth  anniversary 
of  our  national  existence,  of  two  of  the  immortal  band  of  patriots 
and  statesmen  that  composed  the  American  Congress  of  1776 — 
the  one  the  eloquent  writer  and  both  tlie  able  advocates  and  intre- 
pid signers  of  the  declaration  of  independence. 

In  cherishing  those  sentiments  of  respect  and  veneration  which 
are  due  to  distinguished  and  departed  merit,  let  us  not  be  un- 
mindful of  the  immense  debt  of  gratitude  which  vye  owe  to  the 
surviving  worthies  of  the  revolution.  Their  number  is  constantly 
diminishing  by  the  encroachments  of  advanced  age,  and  the  decay 
of  constitutions  impaired  by  the  hardships  of  a  military  life.  The 
claims  of  those  excellent  men  for  unrequited  services  and  unsur- 
passed sufferings,  are  now  before  the  councils  of  the  nation  :  Let 
gratitude  and  justice  unite  in  dispensing  the  fuW  measure  of  just 
retribution,  in  imparting  comfort  to  their  declining  years,  and  let- 
ting their  end  be  peace. 

it  is  suitable  to  this  occasion  to  solicit  your  attention  to  the  fol- 
lowing resolve  of  congress,  passed  on  the  4th  of  October,  1777: 

'^Resolved,  That  the  Governor  and  Council  of  New-York  be 
desired  to  erect  a  monument,  at  continental  expense,  of  the  value  of 
five  hundred  dollars,  to  the  memory  of  the  late  Brigadier  Herkimer, 
who  commanded  thcmiljtia  of  Tryon  county,  in  the  state  of  New- 
York,  anrl  was  killed  fighting  gallantly  in  defence  of  the  liberty  of 
these  states." 

At  the  most  critical  period  of  the  revolutionary  war  when  this 
state  was  nearly  surrounded  with  hostile  forces,  and  when  destroy- 
ing armies  were  penetrating  it  in  various  directions,  the  gallant  Her- 
kimer fell  on  the  field  of  battle  at  the  head  of  his  patriotic  neighbors. 
This  exhibition  of  heroic  virtue  attracted  the  distinguised  notice  of 
Congress,  but  the  situation  of  the  times  presented  obstacles  to  an 
immediate  compliance  with  their  resolve.  As  there  can  be  no  rea- 
son for  further  delay,  I  hope  that  this  subject  will  occupy  your 
early  attention. 

The  expressions  of  confidence  which  I  have  uniformly  experi- 
enced from  the  people  of  this  state,  and  their  renewed  approba- 
tion on  a  recent  occasion,  have  impressed  me  with  sentiments  of 
gratitude,  which  no  time  nor  vicissitude  can  extinguish.  But  pre- 
ferring the  testimony  of  conduct  to  the  1  mguage  of  profession,  I 
shall  cheerfully  submit  to  the  decision  of  time,  my  profound  sense 
of  the  distinguished  honors  conferred  on  me  for  my  humble  exer- 
tions in  favor  of  the  prosperity  of  our  country. 

DE  WITT  CLINTON. 

Albany.  2d  January.  1827^ 


